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Bethlehem News

Legal opinion coming soon on appointing Bethlehem City Council member to Housing Authority board

Bethlehem, City Hall, Bethlehem, Northampton County
Donna S. Fisher
/
For LehighValleyNews.com
This is Bethlehem City Hall and Payrow Plaza at 10 E. Church Street, Bethlehem, Pa.. Picture made in February, 2023.

BETHLEHEM, Pa. — The potential for City Councilwoman Rachel Leon to get a volunteer position on the Bethlehem Housing Authority board will remain up in the air for, at most, three more weeks after a somewhat heated, hourlong discussion Tuesday.

Council voted 6-0 to postpone the measure, with Leon recusing herself.

In the meantime, City Council solicitor Stephanie Steward said she’d write up her legal opinion to share with officials and the public.

Leon, a South Bethlehem resident, served in the Navy for 10 years, including working as an operations specialist to “gather, process, evaluate and submit information.”

She said those principles also would apply to her potential role with the Housing Authority.

“[Leon] is uniquely qualified to contribute positively to the BHA board and to serve equitably and effectively on it. I think on such a small board it’s crucial to really make the most of each seat, and this appointment does that.”
Bethlehem City Councilwoman Kiera Wilhelm

“I’m afforded a very unique opportunity as a disabled veteran to kind of manage my time as I see fit,” Leon said. “I’m very limited in what I can do as work.

“So because of that, I choose to spend a lot of time in the community, and as such, I’ve worked with people in the Bethlehem Housing Authority a lot.

"I have helped people navigate situations where they were about to get kicked out of their home.”

Councilwoman Kiera Wilhelm said Leon "is uniquely qualified to contribute positively to the BHA board and to serve equitably and effectively on it.”

“I think on such a small board it’s crucial to really make the most of each seat, and this appointment does that,” Wilhelm said.

Conflict of interest concerns

Councilwoman Grace Cramspie Smith said she opposed the appointment on the grounds of potential legal issues involved.

“My concerns are entirely about a conflict of interest, as well as bad public policy for having anyone as a council member being appointed to the Bethlehem Housing Authority,” Crampsie Smith said.

“And it has nothing to do at all with Councilwoman Leon or the individual being considered.”

“My concerns are entirely about a conflict of interest, as well as bad public policy for having anyone as a council member being appointed to the Bethlehem Housing Authority. And it has nothing to do at all with Councilwoman Leon or the individual being considered.”
Bethlehem City Councilwoman Grace Crampsie Smith

Crampsie Smith also said she didn’t want to risk losing any possible federal funding from the U.S. Department of Housing and Urban Development, and wanted to keep a separation of powers at the local level to provide the position for a resident to engage in civic activities.

City solicitor John Spirk Jr. said that while he hadn’t been in contact with the BHA solicitor on the issue, he had done research and found no problem with such an appointment.

A name of interest

Mayor J. William Reynolds said that volunteers aren’t exactly “coming out of the woodwork” to give their time in such “dedicated” roles, and someone like Leon really fits the bill.

Her name was brought up numerous times to him before any appointment was placed on a council agenda, he said.

“It’s not just about finding someone that wants to be on the board. In this case, you’re looking for somebody that has the time, the expertise and the interest.”
Bethlehem Mayor J. William Reynolds

“It’s not just about finding someone that wants to be on the board,” Reynolds said. “In this case, you’re looking for somebody that has the time, the expertise and the interest.”

Councilwoman Hillary Kwiatek, who supported Leon’s appointment and serves as the council liaison to the Housing Authority in a nonvoting capacity, said she once was a liaison to the Blighted Property Commission, where she had a hand in voting.

Each authority, board and commission has different bylaws and procedures, she said.

“And there is no situation in which there would be any monetary benefit for Ms. Leon or anybody that she’s associated with.
Bethlehem City Councilwoman Hillary Kwiatek

It was her understanding, Kwiatek said, that any potential conflict of interest in this case would be centered around a direct financial benefit involved for Leon if she took the role.

“And there is no situation in which there would be any monetary benefit for Ms. Leon or anybody that she’s associated with,” Kwiatek said.

As a former resident of the Marvine-Pembroke neighborhood and “a proud product” of the Bethlehem Housing Authority, Council President Michael Colón said Leon is well suited for the job.

'Sets a dangerous precedent'

There’s surely someone among the city’s more than 80,000 residents besides Leon who may also serve well in the role, Councilman Bryan Callahan said, but officials should get a proper legal opinion from both the council and BHA solicitors before possibly voting her in.

“I think [Leon would] do an awesome job, but I think it sets a dangerous precedent,” Callahan said.

“These are volunteer boards, and we appoint members from the public — not elected members of council. … We always lament selecting from a very select group of names, and none is more selective than the seven of us sitting up here.”

“I think [Leon would] do an awesome job, but I think it sets a dangerous precedent. These are volunteer boards, and we appoint members from the public — not elected members of council.
Bethlehem City Councilman Bryan Callahan

He made a motion to table the decision, which died on the floor because nobody provided a second.

Councilwoman Colleen Laird said she would support the appointment if proper legal opinions signed off on it.

“I think that Councilwoman Leon would be an absolute benefit to serve in this position on the Housing Authority Board, and I really appreciate that we’re having this conversation about conflicts and making sure that we’re doing things by the book,” Laird said.

“I don’t think anyone from the administration, on council or on the authority wants to put funding for these programs that are so important at risk, or have any potential hiccups in how things go.”

Steward said she saw no legal issues with the appointment, since Leon would not be “self-dealing” in this case — meaning someone would take advantage of their role to personally benefit instead of acting in the best interests of the people they’re representing.

She said she’d have a legal opinion written up within the next three weeks leading up to the Aug. 6 council meeting.

Interruptions 'lower the decorum of this body'

Following the vote to postpone and just as Mayor Reynolds was concluding his report, Callahan piped up, asking whether Director of Community and Economic Development Laura Collins or Deputy Director of Community Development Sara Satullo, who were both sitting behind Reynolds, had consulted with the Housing Authority on the legality of the appointment.

If the answer was “yes,” then council could possibly go ahead and vote on it, Callahan said.

“It’s as if our answers can’t even stand as our own answers, as if the questions and the answers are decided and if we start to give an answer that Mr. Callahan disagrees with, he interrupts our particular answer.”
Bethlehem Mayor J. William Reynolds

“I will turn the floor back over, but to imply that somehow we’re gonna backtrack on what we just took action on and put it back on the agenda — that’s misleading,” Colón said in response.

After a couple minutes of a few people speaking over one another, the mayor spoke up to Colón, saying the interruptions seem to “lower the decorum of this body in a way that is embarrassing.”

“There is a pattern of Mr. Callahan asking questions and interrupting the responses, or interrupting us when we have the microphone,” Reynolds said, just as Callahan again added that he hadn’t been given an answer.

“Thank you for having no answer, Mr. Reynolds."
Bethlehem City Councilman Bryan Callahan

“It’s as if our answers can’t even stand as our own answers, as if the questions and the answers are decided and if we start to give an answer that Mr. Callahan disagrees with, he interrupts our particular answer.”

Colón repeated to Callahan that he intended to move forward with the evening’s agenda from there.

“Thank you for having no answer, Mr. Reynolds,” Callahan said to the mayor, adding that he only wanted a “yes” or a “no” to his question.